Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 / Proposed Rules 35183

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; Notice of 12-Month Finding

on a Petition To List the Northern

Goshawk in the Contiguous United

States West of the 100th Meridian

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 12-month petition

finding.

SUMMARY: The Fish and Wildlife Service

(Service) announces a 12-month finding

on a petition to list the northern

goshawk (Accipiter gentilis) in the

contiguous United States west of the

100th meridian under the Endangered

Species Act, as amended (Act). After

review of all available scientific and

commercial information, the Service

finds that listing this population as

endangered or threatened is not

warranted.

DATES: The finding announced in this

document was made on June 22, 1998.

ADDRESSES: Data, information,

comments or questions concerning this

petition should be sent to Mr. David

Wesley, Assistant Regional Director,

Region 1, U.S. Fish and Wildlife

Service, 911 N.E. 11th Avenue,

Portland, Oregon 97232–4181, ATTN:

Office of Technical Support. The

petition, finding, supporting data and

comments will be available for public

inspection by appointment, during

normal business hours at the following

address: U.S. Fish and Wildlife Service,

Office of Technical Support for Forest

Resources, 333 S.W. 1st Avenue, 4th

Floor, Portland, Oregon 97204, (503/

808–2565).

FOR FURTHER INFORMATION CONTACT: Mr.

David Wesley, Assistant Regional

Director, Region 1, U.S. Fish and

Wildlife Service, 911 N.E. 11th Avenue,

Portland, Oregon 97232–4181 (503/231–

6159); or Monty Knudsen, Office of

Technical Support for Forest Resources,

333 S.W. 1st Avenue, Portland, Oregon

97204, (503/808–2565).

SUPPLEMENTARY INFORMATION:

Background

Section 4 of the Act (16 U.S.C. 1533)

requires that the Service make a finding

on whether a petition to list, delist or

reclassify a species presents substantial

scientific or commercial information to

indicate that the petitioned action may

be warranted. To the maximum extent

practicable, this finding is to be made

within 90 days of the receipt of the

petition (90-day finding), and notice of

the finding is to be published promptly

in the Federal Register. If a finding is

made that substantial information was

presented, the Service is required to

promptly commence a status review of

the species involved and determine

whether the petitioned action is

warranted, not warranted or warranted

but precluded by other higher priority

listing actions.

On September 29, 1997, the Service

announced a 90-day finding (62 FR

50892) for a petition to list the northern

goshawk in the contiguous United

States west of the 100th meridian under

the Endangered Species Act of 1973, as

amended. In that finding, the Service

found that the petition presented

substantial information indicating that

the listing of the northern goshawk as a

threatened or endangered species in the

contiguous United States west of the

100th meridian may be warranted. At

that time, the Service initiated a status

review for this population of the

northern goshawk and announced that a

12-month finding will be prepared at

the conclusion of the review.

The northern goshawk (Accipiter

gentilis) occurs in temperate and boreal

forests of North America, Europe and

Asia. In North America, the northern

goshawk breeds from western and

central Alaska, northern Yukon, eastern

and southern Mackenzie, southern

Keewatin, northeastern Manitoba,

northern Ontario, central and

northeastern Quebec, Labrador, and

Newfoundland south to southern

Alaska, central California, southern

Nevada, southeastern Arizona, southern

New Mexico, the eastern foothills of the

Rockies and the Black Hills, central

Alberta, central Saskatchewan, southern

Manitoba, northern Minnesota, central

Michigan, Pennsylvania, central New

York, northwestern Connecticut, and

locally south in the montane habitats at

least to West Virginia and possibly to

eastern Tennessee and western North

Carolina (Squires in prep). This notice

pertains to the northern goshawk that

occurs in the contiguous United States

west of the 100th meridian.

In North America, the winter range of

goshawks includes all of the breeding

range, and extends south as far as

southern California, northern Mexico

and Texas, and occasionally to northern

portions of the Gulf States, rarely

including Florida (Squires in prep).

Two groups of the northern goshawk

are recognized worldwide: the

palearctic gentilis group and the

nearctic atricapillus group. The latter

occurs in North America and consists of

A.g. atricapillus (Wilson 1812, type

locality Philadelphia, Pennsylvania).

The atricapillus group occurs over

much of Alaska, Canada, and the

mountains of the western and eastern

United States. In addition to A.g.

atricapillus, at least two other

subspecies are currently, but variously,

accepted—A.g. laingi (Taverner 1940,

type locality Queen Charlotte Islands,

British Columbia), which occurs on

islands off the Canadian Pacific coast,

and A.g. apache van Rossem (van

Rossem 1938, type locality Chiricahua

Mountains, Arizona), which occurs in

the mountains. A.g. laingi is the subject

of a separate petition action and is not

further addressed in this notice.

Recognition of the apache subspecies

in the American southwest is a subject

of current debate. It is recognized by a

number of scientists, but not by the

American Ornithologists’ Union. The

U.S. Fish and Wildlife Service

acknowledged the existence of apache

as a subspecies in its 1992

administrative finding relative to the

petition to list the northern goshawk.

However, the Service now considers the

issue of recognition of apache as a

legitimate subspecies to be unresolved,

and does not consider it a separate

subspecies for purposes of this notice.

Information reviewed by the Service

indicates that data regarding goshawk

population trends is limited (Squires

and Reynolds 1997), and migration or

Christmas bird counts are difficult to

interpret because of low numbers

observed, biases inherent in the

methodology, and irruptive migrations

(Titus and Fuller 1990). However,

Kennedy (1997) conducted a

comprehensive review of available,

peer-reviewed research, and found no

evidence of a decline in goshawks in

North America based on its range,

demographics (density, fecundity, and

survival) and population trends. Based

on a variety of information from across

North America, Kennedy concluded that

there is no strong evidence to indicate

that goshawk populations are declining,

increasing or stable. She emphasizes

two possible conclusions based on her

analysis: 1) either the goshawk is not

declining or 2) current sampling

techniques are insufficient to detect

population trends. Based on the best

available information gathered for the

Service’s Status Review, the Service did

not find evidence of a declining

population trend for goshawks. The

Service found that approximately 75

percent of the reported territories

analyzed for its status review were

discovered within the past 10 years. In

those areas where intensive survey and

monitoring efforts have been

implemented, goshawks generally are

found. The available data indicate that
35184 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 / Proposed Rules

goshawks remain widely distributed

throughout their historic range in the

western United States.

The habitat information gathered and

reviewed by the Service indicates that

changes have occurred in the

distribution, amount and structural

characteristics of mature forests

throughout much of the western United

States. In general, the primary change

has been reduction of mature forest

cover by logging, although other factors

such as fire suppression and

catastrophic fire have also been

implicated. However, the extent to

which goshawk populations are

correlated with amounts of mature

forest cover is unknown. Recent survey

efforts continue to result in discovery of

goshawks, even in areas of historic

logging activity, which indicates that

the species may not be uncommon, but

rather is difficult to locate and

adequately survey. The Service found

no evidence that goshawk habitat is

limiting the population, or that a

significant curtailment of the species’

habitat or range is occurring. The information presented in the

petition relies largely on the contention

that the northern goshawk is dependent

on large, unbroken tracts of ‘‘oldgrowth’’ and mature forest. However,

the Service has found no evidence to

support this claim. The Service found

that while the goshawk typically does

use mature forest or larger trees for

nesting habitat, it appears to be a forest

habitat generalist in terms of the types

and ages of forests it will use to meet its

life history requirements. Goshawks can

use small patches of mature habitat to

meet their nesting requirements within

a mosaic of habitats of different age

classes; a key factor appears to be

availability of prey. While timber management has been

demonstrated to affect goshawks at least

at local levels (Reynolds 1989, CrockerBedford 1990, Bright-Smith and

Mannon 1994, Woodbridge and Detrich

1994, Beier and Drennan 1997,

Desimone 1997), forest management

practices, such as the use of controlled

fire and selective thinning, also may

make habitats more suitable to

goshawks by opening up dense

understory vegetation, creating snags,

down logs, and woody debris, and

creating other conditions conducive to

goshawks and their prey (Reynolds et al.

1992, Graham et al. 1997).

Throughout much of the western

United States, the nature and rate of

decline in mature forest habitats on

Federal lands has slowed significantly

during the past decade. The Service

estimates that 80 percent of goshawk

habitat occurs on Federal forest lands.

Public debate over management of

Federal forest resources has resulted in

regional forest management strategies,

many of which focus on retention and

restoration of mature forest habitats.

These changes are reflected in declines

of timber volume sold from National

Forest lands in many western states.

Although mature forest habitat

continues to be harvested, the Service

finds that, in general, habitat conditions

on Federal lands are no longer declining

as in previous decades, and are

improving in many areas throughout the

west.

In conclusion, the Service finds that

while forest management (e.g., timber

harvest and fire exclusion) has changed

the vegetation characteristics

throughout much of the western United

States, the goshawk continues to be

well-distributed throughout its historic

range. The Service finds no evidence

that the goshawk population is

declining in the western United States,

that habitat is limiting the overall

population, that there are any

significant areas of extirpation, or that a

significant curtailment of the species’

habitat or range is occurring. The

petition relies largely on the contention

that the goshawk is dependent on large,

unbroken tracts of old-growth and

mature forest in its assertion that the

species is in danger of extinction.

However, neither the petition nor other

information available to the Service

supports this claim. The Service found

that while goshawks frequently use

stands of old-growth and mature forest

for nesting, overall the species appears

to be a forest habitat generalist in terms

of the variety and age-classes of forest

types it uses to meet its life history

requirements. Therefore, the Service

finds that listing the northern goshawk

in the contiguous United States west of

the 100th meridian as threatened or

endangered is not warranted because

the best available information does not

indicate that it is in danger of extinction

or likely to become so in the foreseeable

future.

References

A complete list of references used in

preparation of this finding is available

upon request from the U.S. Fish and

Wildlife Service, Office of Technical

Support (see ADDRESSES section).

Author

The primary author of this document

is Catrina Martin, U.S. Fish and Wildlife

Service, Office of Technical Support

(see ADDRESSES section).

Authority

16 U.S.C. 1381–1487l; 16 U.S.C.

4201–4245; Pub L. 99–625, 100 Stat.

3500; unless otherwise noted.

Dated: June 22, 1998.

Jamie Rappaport Clark,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 98–17151 Filed 6–26–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[I.D. 061898B]

RIN 0648–AK60

Fisheries Off West Coast States and in

the Western Pacific; Western Pacific

Precious Corals Fisheries; Amendment

3

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability of a fishery

management plan amendment; request

for comments.

SUMMARY: NMFS announces that the

Western Pacific Fishery Management

Council (Council) has submitted

Amendment 3 to the Fishery

Management Plan for the Precious

Corals Fisheries of the Western Pacific

Region (FMP) for Secretarial review.

Amendment 3 would establish

framework procedures for regulatory

changes under the FMP.

DATES: Comments on Amendment 3

must be received on or before August

28, 1998.

ADDRESSES: Comments on Amendment

3 should be sent to, and copies of

Amendment 3 are available from, Kitty

Simonds, Executive Director, Western

Pacific Fishery Management Council,

1164 Bishop St., Suite 1400, Honolulu,

HI 96813.

FOR FURTHER INFORMATION CONTACT:

Kitty Simonds at (808) 522–8220 or

Alvin Katekaru, Fishery Management

Specialist, Pacific Islands Area Office,

NMFS at (808) 973–2985.

SUPPLEMENTARY INFORMATION: The

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) requires that

each Regional Fishery Management

Council submit any fishery management

plan or plan amendment it prepares to

NMFS for review and approval,

disapproval, or partial approval. The

Magnuson-Stevens Act also requires